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Part 8 – I have a question on that, it is my understanding and I could be wrong, but they don’t need a copy of the note, they need the original note.

You are correct. Your attorney of course will get a copy, because they are not going to send them the original.

Items that your attorney is going to ask for, and I forget the number, I think its 47 different items that the attorney could ask for. Heres one. I’ve been in the industry for 20 years and I just heard this term a couple months ago, it’s known as an alonge. What the heck is an alonge? Well apparently it’s one of the documents that has to be in the file.

While essentially the whole purpose of this is to catch the bank, the lender having messed up your loan somewhere along the way. Because if it is true that they violated some kind of Federal Law in the past when they gave you the loan or are in violation of the loan now, you can then take them to court. And you can sue them. You can have your loan rescinded. Which basically means it comes off your credit report. This loan never happened. As good as that sounds that may not be the best thing for the home owner.

I want to back up just a little tiny bit, you mentioned the alonge, there’s more to the alonge then it sounds like. The bank needs to have the original alonge, more importantly, the person who signed the alonge has to have been authorized by the licensed entity to sign that alonge. And I know for a fact that several people in this town, in this industry, were signing alonges because they needed it signed before the loans could fund. And they were not qualified to sign.

So let’s go back to this discovery process, when we find the lender has to rescind. And I will admit after being in the real estate and mortgage industry for over 20 years, I would have to say that almost 100% of the loans that are originated, if you look at them hard enough you could find something wrong with them. Something wrong, where there could be a reason for you to rescind this loan.

So let’s say you go to that point and push it and get the bank to rescind your loan. Here’s the problem. The loan is gone, it is no longer on your credit report, but let’s say you have a $200,000 loan you took out two years ago, in that time, you would’ve paid about $35,000 in interest. You get a credit for the 35,000, and let’s say you had attorney fees to fight the bank, let’s say $10,000, I don’t think it would be that high but we are just throwing out numbers here. And $5000 in closing costs when you bought the house, so that total is $50,000. You get a credit for $50,000 off of the $200,000 loan, which means you still owe $150,000 on the house. You have to pay the difference.

You have to pay back to the bank $150,000. So its nice that we filed suit and won but frankly in this market where are you going to get the $150,000 from? I think it would be very difficult to find a bank or lender right now that will lend you $150,000 for your house. Chances are you may be several months behind on your payment and although the lender cant show your payment history because the loan was rescinded more than likely the new bank is going to say they need a mortgage payment history. And you say you have been in the house for two years, but the loan got rescinded and they say you need payment history, you cant produce it.

In this marketplace today you are not going to get that loan done. And so the attorneys know that and that’s why once they get the lenders attention they say to the lender, we dont want to rescinded the loan, we dont want to incur a ton of attorney fees but we will if we need to, if you dont want to play ball with us. What we want to do is to work together to get the best possible loan modification for our clients. So we can keep them in their home, keep their family intact.

The reality of a it is, here what we are doing we are working with a national network of attorneys that care about you and you first.

You can go to http://mortgageanswerman.com where there’s going to be information about everything including, one thing I’ll add really quickly. I have something there that is known as a Decision Matrix. The Decision Matrix will walk you through step by step by step, every single step of the process regarding what you should do with your property, should you do a short sale, should you do loan modification, should you just let the bank foreclose? Is bankruptcy an okay idea for you, or not? What are the tax consequences?… http://realestatemarketingthisweek.com

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Part 7 – Were in the studio today with Kalyn Roberts and Jeri League of the Dreamvesting Group, these two young ladies are experts in the short sale area, they are NOT going to tell you what you want to hear, they are going to tell you what you need to hear. There is a big difference between what you want and what you need in the case of getting out of a situation. We talked during the break about the different types of people; who qualifies, who doesn’t qualify, who this is good for, and who its not good for. I want you to talk about people who are upside down and how you’re here to help.

What we want to get across today if you just need to call someone if you’re upside down in your mortgage, if you have a listing next door and its a bank owned or short sale, there is a good chance you’re probably upside down in you mortgage if you bought anytime in the last, in the last 5 years were almost back to 2003 pricing now.

Just to jump in real quick, Jeri and Kalyn its not just the people who purchased, its the people who used their homes as ATMs which is a crude way for me to say it but lets be honest. You watch the television, and I am not going to name any names, but a company that rhymes with lie-tech though, they have a commercial where they are showing pictures of using your home to buy a big boat and everybody got sucked into that and now here were.

Yes, if you used your second mortgage to build that big beautiful pool in your backyard, maybe you need to call us. Yes, its unfortunate, we always tell everyone like you just said, everybody got sucked into it, it doesn’t mean you’re stupid, it doesn’t mean you necessarily made a really bad decision. Most people got caught up in the real estate market and good marketing ploys like that, and the bottom line is as we said earlier you dont have to be late on your mortgage payment, you don’t have to be facing a foreclosure, if you’re simply upside down because you refinanced your home or purchased too recently and the house next door is selling for $100,000 less than yours and you just need to get out of a bad financial situation, you’re a candidate for a short sale or even a loan modification.

One of the things about loan modifications that I hear all the time is, and I research other loan modification companies, and what I hear is they are telling people things that just aren’t real. For instance if your owe $400,000 and your house is worth $300,000 and you want your lender to forgive $100,000 on a loan modification, chances are that isnt going to happen, whereas with a short sale, when youre exiting the property because it just isnt going to work, they would in most cases consider doing that.

Absolutely if that is the market value of your home they are going to consider the bottom line, the banks dont want these properties back, it costs them so much money to go through a foreclosure process and as our prices are falling, monthly, weekly, daily, the likelihood of the value of the property being extremely lower by the time they get the property back is 100%.

In addition to the $60,000 in foreclosure cost, paying real estate commissions and a few other fees is significantly better, because the loss is going to be significantly less with a short sale. Heres a question and I hope that I am not putting either of you on the spot, but suppose the guy owes $400,000 on his house, lets just say its worth $300,000 and you get the listing and this guy is out at a cocktail party and his cousin shows up and says, Ill buy the house from you. Ill buy the house from you, we will make the bank pay the difference and Ill just let you stay in the house. Is that a realistic situation, is someone going to find out about it? Is it good to do that or not?

In real estate, real estate purchases and transactions have to be non-arms length. Now arms length is described as your parents and your children, other than that we pretty much stay out of it because theoretically, yes that could happen, however the banks want to see that the homeowner is not benefiting, so the homeowner would have to become a tenant and be paying rent to new owner at that point. So there are many legitimate situations where you could meet someone who would buy the home and allow you to stay in the home… http://realestatemarketingthisweek.com

Duration : 0:5:53

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